Unity of command download free9/3/2023 ![]() There are many reasons for commanders to retain authority over the military justice process, but primarily the question of accountability must be paired with responsibility. The answer is simple: it would be inconsistent with our doctrine, and the needs of our globally deployable military, to organize our justice system in any other way. Many onlookers have therefore understandably asked why commanders must stay at the center of the U.S. Very few other countries with similar civilian justice systems continue to maintain as central of a role for commanders in justice matters. That role has been under attack over the past decade by legislators who believe that the system would be more just if decisions were taken away from commanders. ![]() 3Ĭommanders have always been at the center of the military justice process. 2 For more serious misconduct, it is the commander who determines whether a court-martial is appropriate, and if so, whether a summary, special, or general court-martial is warranted. For lower level misconduct, the commander can choose to impose administrative punishment, that is, anything from a reprimand to nonjudicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ). Commanders have the authority to direct investigations and then to determine what forum is appropriate for the adjudication of misconduct. The military places commanders at the center of all disciplinary decisions related to their troops. Perhaps the most important outcome of all of these reforms is not what has changed, but what has remained the same: the role of the commander in the military justice process. Many important changes will come out of this legislation, including sentencing reform, a reformed appellate process, and changes to jury composition. 1 These changes went into effect on January 1, 2019, bringing with them the modern era of military justice. The most sweeping reforms in 30 years, the result of a comprehensive 2-year Department of Defense (DOD) review, were passed by Congress in late 2016 and implemented via executive order on March 1, 2018. ![]() This period of flux, however, is coming to an end. ![]() ![]() The military justice system has been undergoing constant change for the past decade, as a seemingly endless stream of legislation continues to modify the procedures through which we achieve justice and accountability. ![]()
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